If a third party took possession of a hired slave and the hirer
informed the owner that he did not intend to sue for recovery, then the
owner could sue for recovery before the contract expired.

Facts of the Case

James A. McEwen bought two slaves for the use of his mother,
Mrs. John Sims. When McEwen died, his executor, Henry Boynton, hired the
slaves to a Dr. Howell. Mr. John Sims took possession of the slaves without
the permission of either Boynton or Howell. Howell informed Boynton that
he would neither sue for their recovery nor pay hire. Furthermore, he urged
Boynton to sue for them, which he did. The Barbour County Circuit Court
charged the jury that, if they believed the evidence, the hiring contract
did not preclude Boynton's right to sue for recovery of the slaves.

Sims' Argument

Before the Alabama Supreme Court, Sims argued that the charge
to the jury was faulty because Boynton had relinquished possession of the
slaves under a contract that had not expired.

Boynton's Argument

Boynton argued that hiring the slaves to Howell had not precluded
his right to sue. "Howell's possession was that of Boynton." Furthermore,
Howell had either abandoned the contract or surrendered his interest to
Boynton.

The Court's Decision

Chief Justice Samuel F. Rice wrote the decision of the Alabama
Supreme Court. He ruled that, under the law of contracts, the owner could
sue to recover a hired slave detained by a third party before the expiration
of the contract, if the hirer refused to sue for recovery and asked the
owner to do so.